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Director of School Education Vs. T. Lakashmaiah & Ors [1997] INSC 373 (2 April 1997)

K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

Present:

Hon'ble Mr. Justice K. Ramaswamy Hon'ble Mr. Justice D.P. Wadhwa Anil Kumar Tandale, Adv. for the appellant O R D E R The following order of theCourt was delivered:

This appeal by special leave arises fromthe order of the Andhra Pradesh Administrative Tribunal, Hyderabad in R.P. No.767/81, made on June 26, 1985. The Tribunal has allowedthe representation petition, solely on the ground of defaulton thepart of the appellantto filethe counter- affidavit. Therein they had claimed the benefit of graded increments depending upon the length of service in terms of G.O.Ms.No.41,Financeand Planning (in Wing.PRC-I) dated 4.2.1980.

The admitted position isthat the respondentswere workingin thepost ofSenior Assistant Grade-II in the pay scale of Rs. 200-240/-.They were promoted to Grade-I in the scale of Rs. 430-800/-. The Government passed an order in G.O.Ms.No. 235, dated September 7, 1979, effectivefrom April 1, 1978,granting the revised pay scales. As stated earlier, G.O.Ms. No. 41, Fin., dated4.2.1980 gives the benefitas under :

"Weightage for servicein the existing post or categoryshall be asfollows in therevisedscale of pay, 1978.

(i) All employeesin Gr. I to XVII shall be allowed one increment for service of three years and above upto five years, two increments for service of five years and above upto seven years,three increments for service of service seven years and above." The question, therefore, is : whether the respondents are entitled tohave their entire previous service as Trade- II teacher lagged to count the advance increments in terms of G.O.Ms. No.41, referred to earlier. Itspecifically envisages "weightage of service in the existing post or category". It would indicate that the weightage for the servicerendered in the existing postor category in which they are working shall be taken intoaccount in terms of G.O.Ms.No. 41. In other words, if Grade-I teacher remains in Grade-I service evenafter putting in five years service, he is entitledto oneincrement; after five to seven years service, he entitled to two increments; and for service of seven years andabove, he is entitled to there increments as outer limit. On his promotionto Grade II from Grade-I in the scale of Rs. 430-800/-, necessarily on his rendering servicein that post or category, namely, Grade-I, on his puttingin service ofthree years tofive years, he is entitled to oneincrement; for five to seven years' service, he is entitledto twoincrements; andfor service of seven years and above, he is entitled to three increments. He cannot tag on the previous service in Grade-II for the purposeof claiming the advance increment in terms of G.O.Ms.No. 41,dated February 4, 1980.

The appeal, therefore, is allowed. The order of the Tribunal standsset aside. No costs.

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